Solomon v. Solomon

Appellate Division of the Supreme Court of New York

Solomon v. Solomon

256 A.D. 959, 10 N.Y.S.2d 251, 1939 N.Y. App. Div. LEXIS 5621

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 28, 1939

StatusPublished

Cited by2 cases

This text of 256 A.D. 959 (Solomon v. Solomon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Solomon v. Solomon, 256 A.D. 959, 10 N.Y.S.2d 251, 1939 N.Y. App. Div. LEXIS 5621 (N.Y. Ct. App. 1939).

Pincite

Opinion

Judgment modified by striking out the provision granting defendant a separation on his counterclaim, and the counterclaim dismissed, without costs, JA the ground that the evidence discloses that plaintiff had not abandoned defi 'dant; and, as so modified, the judgment is affirmed, without costs. Findings of Set and conclusions of law will be made. Davis, Adel and Close, JJ., concur; Hagarty and Carswell, [960]*960JJ., dissent and vote to affirm. (Boyd v. Boyd, 252 N. Y. 422, 429.) Order denying motion of plaintiff for temporary alimony and for an allowance for counsel fees and expenses incident to the appeal from the judgment, reversed on the law and the facts, without costs, and motion granted, without costs, to the extent of directing that defendant pay to plaintiff the sum of $750 for stenographer’s minutes and printing expenses in prosecuting the appeal, and the sum of $500 as counsel fees. We are of opinion that plaintiff is entitled to her disbursements and reasonable counsel fees in view of the fact that she has prevailed in her appeal from that part of the judgment awarding defendant judgment on his counterclaim. Davis, Adel and Close, JJ., concur; Hagarty and Carswell, JJ., dissent and vote to affirm. — Settle order on notice.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment modified by striking out the provision granting defendant a separation on his counterclaim, and the counterclaim dismissed, without costs, JA the ground that the evidence discloses that plaintiff had not abandoned defi 'dant; and, as so modified, the judgment is affirmed, without costs. Findings of Set and conclusions of law will be made. Davis, Adel and Close, JJ., concur; Hagarty and Carswell, [960]*960JJ., dissent and vote to affirm. (Boyd v. Boyd, 252 N. Y. 422, 429.) Order denying motion of plaintiff for temporary alimony and for an allowance for counsel fees and expenses incident to the appeal from the judgment, reversed on the law and the facts, without costs, and motion granted, without costs, to the extent of directing that defendant pay to plaintiff the sum of $750 for stenographer’s minutes and printing expenses in prosecuting the appeal, and the sum of $500 as counsel fees. We are of opinion that plaintiff is entitled to her disbursements and reasonable counsel fees in view of the fact that she has prevailed in her appeal from that part of the judgment awarding defendant judgment on his counterclaim. Davis, Adel and Close, JJ., concur; Hagarty and Carswell, JJ., dissent and vote to affirm. — Settle order on notice.

Cite This Page — Counsel Stack

Bluebook (online)

256 A.D. 959, 10 N.Y.S.2d 251, 1939 N.Y. App. Div. LEXIS 5621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solomon-v-solomon-nyappdiv-1939.

Opinion

Related

Cite This Page — Counsel Stack